The Professional Yachting Association (PYA) contacted EU officials to discuss the situation of non-Schengen nationals joining a vessel in a port in the Schengen Area after a new immigration Entry/Exit System (EES) was implemented on April 10. The new digital EES registration replaces the system of manually stamping passports when visitors arrive in the EU. According to PYA’s CEO Christophe Bourillon, nothing has changed for non-Schengen nationals, in theory, other than being digitally stamped in when they enter a Schengen border and digitally stamped out when they board their vessel. Individuals who require a visa will still need a visa and their passport must be valid for at least 3 months beyond the planned end of stay in the Schengen Area. However, there are some implications of the rule changes that crew should be aware of. Once a non-Schengen national arrives at a Schengen border, their passport will be scanned into the system with the date of entry. Admission to the Schengen Area serves as proof an individual may legally remain there, replacing the previous requirement to visit a local immigration office and present a passport again, according to PYA. The reverse should be implemented when the crew leaves the yacht to fly outside the Schengen area. Bourillon warns that the fact that only Customs & Immigration and the Border Police have access to the digital system created an important matter with potential consequences. Individual crewmembers will now have no visible proof to show that they are legally in the Schengen area within their allowed days. These implications mean that the responsibility lies with the crewmember to make sure that they are complying with immigration law. Crew will also have no official means to prove this to captains or management companies, which is why Bourillon recommends that all non-Schengen nationals keep a record of their Schengen entry and exit dates, such as copies of their boarding passes or dated photos at airports. If non-Schengen nationals exceed their allowed days in the Schengen area, they may face several consequences, according to Bourillon. These can include an immigration officer refusing to stamp them back into the country to leave the boat and requiring the captain to sail the vessel to a non-Schengen country for the crewmember to disembark or a note being inserted into the crewmember’s file that may adversely affect their next attempt to enter the Schengen area. In theory, these new rules should be implemented equally throughout the Schengen area. However, according to Bourillon, Italy is implementing a different procedure from what is described above. PYA was told by non-Italian officials that Italy’s “application of the new EES is not in line with the Schengen Code.” While the information should have been communicated top-down from central administrations to harbor authorities, that is not always the case, according to Bourillon. Many stakeholders are not aware of the workings of the new EES, which is why Bourillon is offering help to any crew encountering problems with the new system. You can reach Bourillon at ceo@pya.org if you find yourself in need of assistance with the new EES.